Hernandez v. Sabatka-Rine

Filing 7

MEMORANDUM AND ORDER - The application to proceed in forma pauperis (Filing No. 2 ) is provisionally granted, but petitioner must pay the $5.00 filing fee within 60 days from the date of this Memorandum and Order. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: October 29, 2014: deadline for payment of $5.00 filing fee. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

JUAN ANTONIO HERNANDEZ,

)
)
Petitioner,
)
)
v.
)
)
MRS. DIANE SABATKA-RINE,
)
Warden, Nebraska State
)
Penitentiary,
)
)
Respondent.
)
______________________________)

4:14CV3172

MEMORANDUM AND ORDER

Petitioner has filed a Petition for Writ of Habeas Corpus
under 28 U.S.C. § 2254 (Filing No. 1), a Motion for Leave to
Proceed in Forma Pauperis (Filing No. 2), and a copy of his
prisoner trust account statement (Filing No. 6).
Habeas corpus cases attacking the legality of a
person’s confinement require the payment of a $5.00 fee.
U.S.C. § 1914(a).

28

However, pursuant to 28 U.S.C.

§ 1915(a)(1)-(2), and after considering petitioner’s financial
status as shown in the records of this Court, provisional leave
to proceed in forma pauperis will be granted, but petitioner must
nevertheless pay the $5.00 fee within 60 days.

The Court

cautions petitioner that failure to adequately comply with this
order may result in dismissal of his petition without further
notice.

IT IS ORDERED:
1.

The application to proceed in forma pauperis

(Filing No. 2) is provisionally granted, but petitioner must pay
the $5.00 filing fee within 60 days from the date of this
Memorandum and Order.
2.

The clerk of the court is directed to set a pro se

case management deadline in this case with the following text:
October 29, 2014:

deadline for payment of $5.00 filing fee.

DATED this 2nd day of September, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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